HomeMy WebLinkAbout14-155.. -
FOR OFFIC"i{S~
CASE NO.: l -\
DATE SUBMITIED: b-r\-l4
CITY OF Cou.EGE STATION
Homt o/Ttxas A&M Univm ity•
PRELIMINARY PLAN APPLICAT
MINIMUM SUBMITTAL REQUIREMENTS:
[g] $932 Preliminary Plan Application Fee.
[g] $233 Waiver Request to Subdivision Regulations Fee (if applicable).
TIME: \.("):(:-)~
STAFF: ~
ION
[g] Application completed in full. This application form provided by the City of College Station must be used
ation is provided.
itted after approval.
and may not be adjusted or altered. Please attach pages if additional inform
[g] Fourteen (14) folded copies of plan. A revised mylar original must be subm
[g] Title report for property current within ninety (90) days or accompanied
current within ninety (90) days. The report must include applicable inform
by a Nothing Further Certificate
ation such as ownership, liens,
encumbrances, etc.
O Impact study (if oversized participation is requested).
[gj The attached Preliminary Plan checklist with all items checked off or a bn · ef explanation as to why they are
not.
Date of Optional Preapplication Conference ____________ _
NAME OF PROJECT Summit Crossing, Phase 28
ADDRESS ---------------------
SPECl FI ED LOCATION OF PROPOSED SUBDIVISION:
North side of SH 30 (HaNey Road East) and located at the NW end of Phase 2A.
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the proj ect):
Name RME Consulting Engineers (c/o Rabon A. Metcalf, PE) E -mail rabon@rmengineer.com
Street Address PO Box 9253 ----------------------
City College Station State _TX _____ _ Zip Code 77842
Phone Number (979) 764-0704 Fax Number (9 79) 764-0704 ----------------
PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple
owners):
Name The Summit Crossing, LLC (Jim Easterly) E -mail jimeasterly@gmail.com
Street Address 809 University Drive E., Ste. 1018
Zip Code 77840 State TX ------City College Station
Phone Number (979) 218-6775 Fax Number ----------------
ARCHITECT OR ENGINEER'S INFORMATION:
Name Same As Applicant E -mail
Street Address
City State Zip Code
Phone Number Fax Number ----------------
1111 Page 1 of6
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Total Acreage 4. 77 ----------Total No. of Lots 34 ------R-0-W Acreage _1._0_52 ____ _
Number of Lots By Zoning District 34 POD
Average Acreage Of Each Residential Lot By Zoning District:
0.096 I POD
Floodplain Acreage 0.00 -------------------------
NOTE: Appropriate zoning for the proposed subdivision must be in place before this application can be
considered complete.
Are you proposing to dedicate park land by acreage or fee in lieu of land? _F_ee ______________ _
Are you proposing to r develop the park IX dedicate the development fee? (Check one)
This information is necessary to help staff identify the appropriate standards to review the application and will be used to
help determine if the application qualifies for vesting to a previous ordinance. Notwithstanding any assertion made,
vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law.
Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the
application be reviewed under previous ordinance as applicable?
IX Yes
I No
If yes, provide information regarding the first approved application and any related subsequent applications (provide
additional sheets if necessary):
Project Name: Summit Crossing -Master Development Plan
City Project Number (in known):
Date I Timeframe when submitted:
Requested wavier to subdivision regulations and reason for same (if applicable):
lock length waiver for adjustment of street extension location. Block length waiver (block length = 1, 639 LF) for the
xtension of Lonetree Drive in lieu of Buena Vista.
1/11 Page 2 of6
Regarding the waiver request, explain how:
1. There are special circumstances or conditions affecting the land involved su
subdivision regulations will deprive the applicant of the reasonable use of his land.
ch that strict application of the
ing restrictions imposed by the
resent Pointe subdivision.
The adjustment of the residential street extension will be more in-line with the exist
as/overhead electric easement and having no "through" connection point to the C
2. The waiver is necessary for the preservation and enjoyment of a substantial propert y right of the applicant.
Yes, this realignment will allow for the proper placement of a regional detention tac ility at the downstream limit of
Summit Crossing, Ph 28 and the adjacent development to the NW
3. The granting of the waiver will not be detrimental to the public health, safety,
property in the area, or to the City in administering subdivision regulations.
or welfare, or injurious to other
o, the realignment will still allow for proper connection of thoroughfares and local streets.
4. The granting of the waiver will not have the effect of preventing the orderly subd ivision of other land in the area in
1/11
accordance with the provisions of the Unified Development Ordinance.
o, this wavier will allow for the planned master development of Summit Crossing.
Fee in lieu of sidewalk construction is being requested because of the following co ndition (if applicable):
1. I An alternative pedestrian way or multi-use path has been or will be provid ed outside the right-of-way;
2. I The presence of unique or unusual topographic, vegetative, or other natur
adherence to the sidewalk requirements of the UDO is not physically feas
al conditions exist so that strict
ible or is not in keeping with the
purposes and goals of the UDO or the City's comprehensive Plan;
3. I A capital improvement project is imminent that will include construction of the required sidewalk. Imminent shall
mean the project is funded or projected to commence within twelve (12) m onths;
4. I Existing streets constructed to rural section that are not identified on the T horoughfare Plan with an estate I
rural context;
5. r \Nhen a sidewalk is required along a street where a multi-use path is show n on the Bicycle, Pedestrian, and
Greenways Master Plan;
Page 3 of6
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Jun 10 14 12:16p Summit Crossing 9792682692 p.1
6. I The proposed development is within an older residential subdivision meeting the criteria in Platting and
Replatting within Older Residential Subdivisions Section of ttie UDO: or
7. I The proposed development contains frontage on a Freeway f Expressway as designated by Map 6.6,
Thoroughfare Plan -Functional Classification, in the City's Comprehensive Plan.
Detailed explanation of condition identified above:
!Not applicable.
NOTE: A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be considered at ttie
same time by the Planning & Zoning Commission.
The applicant has prepared this application and certifies that the facts stated herein and exhibits attached
hereto are true. correct, and complete. IF THIS APPL/CATION fS FILED BY ANYONE OTHER THAN THE
OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from
the owner. ff there is more than one owner, all owners must sign the appf ication or the power of attorney. If
the owner is a company, the application must be accompanied by proof of authority for the company's
representative to sign the application on its behalf. LIEN HOLDERS identified in the tffle report are also
considered owners and the appropriate signatures must be provided as described above.
Date
1/11 Page4of B
CITY OF C oll.EGE STATION
Home of Texas A&M Univenity0
1/11
PRELIMINARY PLAN MINIMUM REQUIREMENTS
(ALL CITY ORDINANCES MUST BE MET)
INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
(8] Drawn on 24" x 36" sheet to scale of 100' per inch or larger. Include the words "PRELIMINARY PLAN -
NOT FOR RECORD" in letters 1/2" high. If more than 1 sheet, an index sheet showing entire subdivision
at a scale of 500 feet per inch or larger.
[8] Vicinity map which includes enough of surrounding area to show general location of subject property in
relationship to College Station and its City Limits. No scale required but include north arrow.
(8] Title Block with the following information:
Name and address of subdivider, recorded owner, engineer and surveyor.
Proposed name of subdivision (subdivision name & street names will be approved
through Brazos County 911 ).
Date of preparation (including the date the plat was submitted and the dates of any
revisions on the plat).
Engineer's scale in feet.
Total area intended to be developed.
North Arrow.
Location of current city limit lines and current zoning district boundary. The appropriate zoning district(s)
must be in place for the proposed land uses before the application for a subdivision.
Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract.
Descriptions by metes and bounds of the subdivision which shall close within accepted land survey
standards. (Labeled on boundary lines, not separate metes and bounds description.)
Primary control points or descriptions and ties to such control point, to which , later, all dimensions,
angles, bearings, block numbers, and similar data shall be referred. The plat shall be located with
respect to a corner of the survey or tract, or an original comer of the original survey of which it is a part.
Name of contiguous subdivisions and names of owners of contiguous parcels of unsubdivided land, and
an indication whether or not contiguous properties are platted.
Location of the 100 Year Floodplain and Floodway, if applicable, according to the most recent available
data.
Topographic information, including contours at two foot (2 ft.) intervals, wooded areas, and flowline
elevation of streams.
Proposed land uses (in compliance with existing zoning district).
The location and description with accurate dimensions, bearings or deflection angles and radii, area,
center angle, degree of curvature, tangent distance and length of all curves for all of the following:
(Show existing items that are intersecting or contiguous with the boundary of or forming a boundary with
the subdivision, as well as, those within the subdivision).
Page 5 of6
Existing Proposed
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Streets. Continuous or end in a cul-de-sac, stubbed out streets must end into a temp. tum
around unless they are shorter than 100 feet.
Public and private R.O.W. locations and widths. (All existing and proposed R.O.W.'s
sufficient to meet Thoroughfare Plan.)
Street offsets and/or intersection angles meet ordinance.
Alleys.
Well site locations.
Pipelines. If carrying flammable gas or fuel, also show size of line, design pressure and product
transported through the line.
Utility services (water & sanitary sewer). All existing and proposed utilities of sufficient
size/depth to meet the utility master plan and any future growth areas.
Easements.
Drainage structures and improvements including underground storm sewer and all overland
systems (flow line of existing watercourses) and showing where these will discharge. Proposed
channel cross sections, if any.
A number or letter to identify each lot or site and each block (numbered sequentially).
Parkland dedication/greenbelt area/park linkages. All proposed dedications must be reviewed
by the Parks and Recreation Advisory Board and documentation of their recommendation
provided prior to being scheduled for P&Z Commission consideration.
Greenways dedication.
Public areas.
Other public improvements, including but not limited to parks, schools and other public
facilities.
0 Proposed phasing. Each phase must be able to stand alone to meet ordinance requirements and
infrastructure costs shown to be distributed evenly throughout the subdivision. Phases must be final
platted in sequential order as shown or defined on the preliminary plan.
Are there impact fees associated with this development? O Yes ~No
Print Form ] Page 6 of 6
The Summit Crossing, LLC COMPANY RESOLUTION
STATE OF TEXAS:
COUNTY OF BRAZOS:
I, the undersigned, being the Assistant Secretary of The Summit Crossing, LLC, a
Texas Limited Liability Company herein after referred to as Summit Crossing, do hereby certify
that by unanimous consent of the Managing Members of said Company, on the 22nc1 day of May
2007, the following resolutions were unanimously adopted and are recorded in the Minute Book
of said company kept by the Secretary of the company, and are in accord with and pursuant to
the Regulations of The Summit Crossing, LLC and are now in full force and effect
RESOLVED, that the company, acting by and through its duly authorized managing
member-Jimmy Easterly, Managing Member, is hereby authorized and empowered to sign all
documents required to zone and plat in logical phases the 25+ acre tract for townhouses
(including duplexes per College Station UDO definition with each unit on a separate lot) on a
25+ acre tract of land along State Highway 30 (Harvey Road) in College Station, Brazos
County Texas plus such additional land as required for parkland as shown in attached
addendum "A" which is made a part hereof ..
RESOLVED, FURTHER, that the said Jimmy Easterly is authorized and directed to
take such other action to execute and deliver any and all instruments in the name of and on
bet'!alf of this company as may be necessary to effectuate said zoning and plat, or otherwise to
do all such further acts and things that the said Managing Member of this company shall deem
necessary and proper in order to effectively perform all of the obligations and agreements
expressed to be kept and performed by this company pursuant to the provisions of said
instruments evidencing the plat and zoning on the properties referred to above.
IN WITNESS WHEREOF, I have hereunto subscribed my name and by order of the
Managing Members of The Summit Crossing, LLC to be effective as of the 22nd of May 2007.
dan,k./·.J ~~~
Sandra Fisher, Assistant Secretary
The Summit Crossing, LLC
GF No. BC1402271
CERTIFICATE
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
BRAZOS COUNTY ABSTRACT COMPANY does hereby certify that we have examined the
records in the office of the Clerk of the County Court of Brazos County, Texas, affecting the tiUe to
the said property described below from September 1, 2013;
All that certain tract or parcel of land, lying and being situated in the J. W. SCOTT
LEAGUE, ABSTRACT NO. 49, College Station, Brazos County, Texas, containing
75.393 acres, more or less, said tract being a portion of the remainder of a called
113.67 acre tract as described by a deed to Carrara Partnership recorded In Volume
586, page 488 of the Deed Records of Brazos County, Texas, all of a called 2.00 acre
tract as described by a deed to Edward H. Harte or Houston H. Harte or Joanne
Bennett recorded In Volume 507, page 563 of the deed records of Brazos County,
Texas, and all of a called 2.00 acre tract as described by a deed to Edward H. Harte or
Houston H. Harte or Joanne Bennett recorded in Volume 607, page 568 of the Deed
Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING: at a '12 inch iron rod found on the northwest line of State Highway No. 30
(120' R.O.W.) marking the south comer of said remainder of 113.67 acre tract and the
east comer of a called 192.64 acre tract described as exhibit "A" by a deed to College
Main Apartments, Ltd., recorded in Volume 3687, page 268 of the Official Public
Records of Brazos County, Texas:
THENCE: N 47° 03' 20" W along the common line of said remainder of 113.67 acre
tract and said 192.64 acre tract for a distance of 1346.50 feet to a Ya inch Iron rod
found marking the most westerly corner of said remainder of 113.67 acre tract and the
south corner of a called 46.19 acre tract as described by a deed to Diane Peters, E.
Duane Peters and Patricia Kay Peters recorded In Volume 223, page 111 of the Deed
Records of Brazos County, Texas;
THENCE: N 41° 39' 43" E along the common line of said remainder of 113.67 acre
tract and said 46.19 acre tract fora distanceof1146.61 feet to a% inch Iron rod found
marking the east corner of said 46.19 acre tract and an interior west corner of said
remainder of 113.67 acre tract;
THENCE: N 45° 4T 51" W continuing along the common line of said remainder of
113.67 acre tract and said 46.19 acre tract for a distance of 593.53 feet to a Ya inch iron
rod found marking the south corner of a called 35.91 acre tract as described by a deed
to Robert Henry Conaway, Jr., recorded in Volume 2864, page 51 of the Official Public
Records of Brazos County, Texas, said Iron rod found marking the west comer of said
second 2.00 acre tract (507/568), same being the original most northerly west corner
of said 113.67 acre tract;
THENCE: N 42° 09' 39" E along the common line of said 2.00 acre tracts (607/568 and
607/563), said remainder of 113.67 acre tract and said 35.91 acre tract for a distance of
1282.80 feet to a Ya inch iron rod found marking the north comer of said remainder of
113.67 acre tract and the west comer of the remainder of a called 15.379 acre tract as
described by a deed to Joyce Peters Bell recorded In Volume 297, page 252 of the
Deed Records of Brazos County, Texas;
THENCE: S 46° 1 O' 45" E along the common line of said remainder of 113.67 acre tract
and said remainder of 15.379 acre tract for a distance of 1172.52 feet to a 518 inch Iron
rod found marking an interior north comer of said remainder of 113.87 acre tract and
the south comer of the remainder of a called 11.424 acre tract as described by a deed
to Joyce A. Devaney, Trustee, recorded in Volume 2584, page 225 of the Official Public
Records of Brazos County, Texas;
THENCE: N 41° 5T 03" E along the common line of said remainder of 113.67 acre
tract and said remainder of 11.424 acre tract for a distance of 802.23 feet to a Ya inch
iron rod found marking an east comer of said remainder of 11.424 acre tract;
THENCE: N 72° 47' 26" W continuing along the common line of said remainder of
113.67 acre tract and said remainder of 11.424 acre tract for a distance of 220.45 feet
to a Ya Inch Iron rod found marking an interior east comer of said remainder of 11.424
acre tract;
THENCE: N 30° 07' 18" E continuing along the common line of said remainder of
113.67 acre tract and said remainder of 11.424 acre tract for a distance of 27 4.69 feet
to a brass right-of-way marker found on the existing south line of FM 158 marking the
northeast comer of said remainder of 11.424 acre tract;
THENCE: S 78° 58' 02" E along the south line of FM 158 for a distance of 180.05 feet to
a brass right-of-way marker found marking an angle point In said line;
THENCE: S 73° 52' 00" E continuing along the south line of FM 158 for a distance of
204.62 feet to a 518 Inch Iron rod set marking the most northerly east comer of this
herein described tract, for reference a bras right-of-way marker found bears: S 73° 52'
00" E for a distance of 111.16 feet;
THENCE: through said remainder of 113.87 acre tract for the following calls:
S 41° 46' 43" W for a distance of 291.94 feet to a 5/8 inch iron rod set;
S 89° 47' 28" W for a distance of 85.00 feet to a 5/8 inch iron rod set;
S 41° 57' 03" W for a distance of 812.10 feet to a 5/8 Inch Iron rod set;
S 46° 1 O' 45" E for a distance of 338.59 feet to a 5/8 inch iron rod set;
N 78°17' 11" E for a distance of 358.88 feet to a 518 inch iron rod set;
2
S 48° 48' 29" E for a distance of 263.84 feet to a 518 Inch iron rod set on the northwest
line of State Highway No. 30 marking the most southerly east corner of this herein
described tract. for reference a 1h inch Iron rod found marking an east corner of said
remainder of 113.67 acre tract and the south comer of a called 1.88 acre tract
described as tract 2 by a deed to Brazos Super Trac, Inc. recorded in Volume 3644,
page 256 of the Official Public Records of Brazos County, Texas, bears: N 45°18' 20"
E for a distance of 333.00 feet;
THENCE: S 45° 18' 20" W along the northwest line of State Highway No. 30 for a
distance of 738.60 feet to a Ya Inch Iron rod found marking the beginning of a curve to
the left having a radius of 5789.58 feet;
THENCE: along said curve through a central angle of 02° 58' 11" for an arc distance
of 300.07 feet (chord bears: S 43° 49' 15" W -300.04 feet) to a 1h inch iron rod found
marking the ending point of said curvej
THENCE: S 42° 20' 1 O" W continuing along the northwest line of State Highway No. 30
for a distance of 1681.59 feet to the POINT OF BEGINNING containing 98.202 acres of
land, more or less.
LESS AND EXCEPT all that property lying within the boundaries of SUMMIT
CROSSING, PHASE 1, according to plat recorded in Volume 9490, page 296, Official
Records of Brazos County, Texas.
We find the following actions or conveyances affecting the title to said land (specifically
excluding any conveyances respecting mineral estate) through June 12, 2014@ 8:00 A.M.:
Deed of Trust and Security Agreement dated November 17, 2011, executed by The
Summit Crossing, LLC to Lance Lindsey, Trustee, securing one note of even date
payable to First National Bank of Huntsville, in the principal amount of $803,000.00,
recorded in Volume 10424, page 162, Official Records of Brazos County, Texas.
(13.742 acres)
Collateral Assignment of Leases from The Summit Crossing, LLC to First National
Bank of Huntsville, dated November 17, 2011, recorded In Volume 10424, page 172,
Official Records of Brazos County, Texas.
Estate created by Memorandum of Oil and Gas Lease from Jimmy E. Easterly, et al
to Carr Resources Inc., dated March 19, 2013, recorded in Volume 11231, pages
186, 188, 190, 192, Official Records of Brazos County, Texas. Title to said lease
has not been traced subsequent to the date of the above-cited instrument.
We do not certify as to property taxes.
This certificate is for informational purposes only and the information contained
herein shall not be relied on in the issuance of any title insurance policy. The liability of
3
Brazos County Abstract Company In this connection is limited to $00.00, being the charge
made for this certificate.
WITNESS OUR HAND at Bryan, Texas, June 16, 2014 at 8:00 a.m.
PANY
4
: Page 1 of I
Kevin Phillips
From: Kevin Phillips
Sent: Wednesday, September 18, 201311:29 AM
To: 'rabon@mengineer.com'
Subject: Nothing Further Certificate; 75+ acres, J. W. Scott, A-49, Brazos County
Attachments: 1301026-nfc.pdf; 1301026-invoice.pdf
Rabon,
As requested, please find attached our Nothing Further Certificate and Invoice on the described property. If you have any
questions, please feel free to contact us. Thank you for your business.
Best regards,
Kevin H. Phillips
Abstractor/Title Examiner
Brazos County Abstract Company
3800 Cross Park Dr.
Bryan, Texas 77802
9/18/2013
''
GF No. 1301026
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
CERTIFICATE
BRAZOS COUNTY ABSTRACT COMPANY does hereby certify that we have
examined the records in the office of the Clerk of the County Court of Brazos County,
Texas, affecting the title to the said property descnbed below from June 30. 2008.
AH that certain tract or parcel of land, lying and being situated in the J. W. SCOTT
LEAGUE, ABSTRACT NO. 49, College Station, Brazos County, Texas, containing
75.393 acres, more or less, said tract being a portion of the remainder of a caUed
113.67 acre tract as described by a deed to Carrara Partnership recorded in Volume
586, page 488 of the Deed Records of Brazos County, Texas, au of a called 2.00 acre
tract as described by a deed to Edward H. Harte or Houston H. Harte or Joanne Bennett
recorded in Volume 507, page 563 of the deed records of Brazos County, Texas, and all
of a called 2.00 acre tract as described by a deed to Edward H. Harte or Houston H.
Harte or Joanne Bennett recorded In Volume 507, page 568 of the Deed Records of
Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING: at a Y.t Inch iron rod found on the northwest line of State Highway No. 30
(120' R.O.W.) marking the south comer of said remainder of 113.67 acre tract and the
east comer of a called 192.64 acre tract described as exhibit •A 0 by a deed to College
Main Apartments, Ltd., recorded in Volume 3687, page 258 of the Official Public
Records of Brazos County, Texas;
THENCE: N 47° 03' 20• W along the common line of said remainder of 113.67 acre
tract and said 192.64 acre tract for a distance of 1346.50 feet to a ~ inch iron rod found
marking the most westerly comer of said remainder of 113.67 acre tract and the south
comer of a called 46.19 acre tract as described by a deed to Diane Peters, E. Duane
Peters and Patricia Kay Peters recorded in Volume 223, page 111 of the Deed Records
of Brazos County, Texas;
THENCE: N 41° 39' 43" E along the common line of said remainder of 113.67 acre
tract and said 46.19 acre tract for a distance of 1146.61 feet to a ~ inch iron rod found
marking the east comer of said 46.19 acre tract and an Interior west corner of said
remainder of 113.67 acre tract;
THENCE: N 45° 47' 51 11 W continuing along the common line of said remainder of
113.67 acre tract and said 46.19 acre tract for a distance of 593.53 feet to a Y.t inch iron
rod found marking the south comer of a called 35.91 acre tract as described by a deed
to Robert Henry Conaway, Jr., recorded in Volume 2864, page 51 of the Official Public
Records of Brazos County, Texas, said iron rOd found marking the west comer of said
second 2.00 acre tract (507/568), same being the original most northerly west comer of
said 113.67 acre tract; , ·
THENCE: N 42° 09' 39• E along the common line of said 2.00 acre tracts (507/568 and
507/563), said remainder of 113.67 acre tract and said 35.91 acre tract for a distance of
1282.80 feet to a !h Inch iron rod found marking the north comer of said remainder Of
113.67 acre tract and the west comer of the remainder of a called 15.379 acre tract as
described by a deed to Joyce Peters Bell recorded in Volume 297, page 252 of the
Deed Records of Brazos County, Texas;
THENCE: S 46° 10' 45• E along the common line of said remainder of 113.67 acre tract
and said remainder of 15.379 acre tract for a distance of 1172.52 feet to a 518 inch iron
rod found marking an Interior north comer of said remainder of 113.67 acre tract and the
south comer of the remainder of a called 11.424 acre tract as described by a deed to
Joyce A. Devaney, Trustee, recorded in Volume 2584, page 225 of the Official Public
Records of Brazos County, Texas; ·
THENCE: N 41° 57' 03• E along the common line of said remainder of 113.67 acre tract
and said remainder of 11.424 acre tract for a distance of 602.23 feet to a }2 inch iron rod
found marking an east comer of said remainder of 11.424 acre tract;
THENCE: N 72° 47' 25• W continuing along the common line of said remainder of
113.67 acre tract and said remainder of 11 .424 acre tract for a distance of 220.45 feet
to a ~ Inch iron rod found marking an interior east comer of said remainder of 11 .424
acre tract;
THENCE: N 30° 07' 1 a• E continuing along the common line of said remainder of
113.67 acre tract and said remainder of 11.424 acre tract for a distance of 274.69 feet
to a brass right-of-way marker found on the existing south line of FM 158 marking the
northeast comer of said remainder of 11.424 acre tract;
THENCE: S 78° 58' 02" E along the south line of FM 158 for a distance of 180.05 feet to
a brass right-of-way marker found marking an angle point in said line;
THENCE: S 73° 52' oo· E continuing along the south line of FM 158 for a distance of
204.62 feet to a 518 inch iron rod set marking the most northerly east comer of this
herein described tract, for reference a bras right-of-way marker found bears: S 73° 52' oo• E for a distance of 111.16 feet;
THENCE: through said remainder of 113.67 acre tract for the following calls:
. .
S 41° 46' 43• W for a distance of 291.94 feet to a 5/8 inch iron rod set;
S 89° 47' 2a• W for a distance of 85.00 feet to a 5/8 Inch iron rod set;
S 41° 57' 03• W for a distance of 612.10 feet to a 5/8 inch iron rod set;
S 46° 10• 45" E for a distance of 336.59 feet to a 5/8 Inch fron rod set;
N 78° 17' 11" E for a distance of 358.88 feet to a 5/8 Inch iron rod seti
S 48° 48' 29" E for a distance of 263.84 feet to a 5/8 inch iron rod set on the northwest
line of State Highway No. 30 marking the most southerly east comer of this herein
described tract, for reference a 1h inch iron rod found marking an east corner of said
remainder of 113.67 acre tract and the south comer of a caUed 1.88 acre tract described
as tract 2 by a deed to Brazos Super Trac, Inc. recorded in Volume 3644, page 256 of
the OfflQial Public Records of Brazos County, Texas, bears: N 45° 18' 20" E for a
distance of 333.00 feet; .
THENCE: S 45° 18' 20• W along the northwest line of State Highway No. 30 for a
distance of 738.60 feet to a ~ inch iron rod found marking the beginning of a curve to
the left having a radius of 5789.58 feet;
THENCE: along said curve· through a central angle of 02° 58' 11 • for an arc distance of
300.07 feet (chord bears: S 43° 49' 15• W -300.04 feet) to a ·1h Inch iron rod found
marking the ending point of said curve;
THENCE: S 42° 20' 10· W continuing along the northwest line of State Highway No. 30
for a distance of 1681.59 feet to the POINT OF BEGINNING containing 98.202 acres of
land, more or less.
LESS AND EXCEPT all that property lying with the boundaries of SUMMIT CROSSING,
PHASE 1, according to plat recorded in Volume 9490, page 296, Offacial Records of
Brazos County, Texas.
We find the foUowing actions or conveyances affecting the title to said land
(specifically excluding any conveyances respecting mineral estate) through effective
date of Seotemblr 13. 2013 O 8:00 a.m.:
Deed of Trust, Security Agreement, Fixtures, Rnancing Statement, and Assignment of
Rents dated August 16, 2006, executed by The Summit Crossing, LLC to Michael R.
Rudloff, securing one note of even date payable to The Brenham Natiorlal Bank,· in the·
amount of $1,000,000.00, recorded in Volume 7545, page 1, Official Records of Brazos
County, Texas; partially released by instruments recorded in Volume 8775, page 137
(13.742 acres) and Volum~ 9510, page 36 (22.809 acres); renewed and extended by
instrument recorded in Volume 10347, page 13, Official Records of Brazos County,
Texas. (98.202 acres)
Deed of Trust and Security Agreement dated August 14, 2008, executed by The
Summit Crossing, LLC to Steven D. Harper, Trustee, securing one note of even date
payable to Brazos Valley Bank, N.A., in the principal amount of $1,000,000.00, recorded
in Volume 8764, page 96, Official Records of Brazos County, Texas; renewed and
extended by instruments recorded in Volume 9296, page 250 and Volume 9856, page
161; released by instrument recorded In Volume 10429, page 215, Official Records of
Brazos County, Texas. (13.742 acres)
Assignment of Rents, Leases and Other Benefits from The Summit Crossing, LLC to
Brazos Valley Bank, N.A., dated August 14, 2008, recorded in Volume 8764, page 104,
Off'icial Records of Brazos County, Texas.
Deed of Trust and Security Agreement dated November 17, 2011, executed by The
Summit Crossing, LLC to Lance Lindsey, Trustee, securing one note of even date
payable to First National Bank of Huntsville, in the principal amount of $803,000.00,
recorded in Volume 10424, page 162, Official Records of Brazos County, Texas.
(13.742 acres)
Collateral Assignment of Leases from The Summit Crossing, LLC to First National Bank
of Huntsville, dated November 17, 2011, recorded in Volume 10424, page 172, Official
Records of Brazos County, Texas.
Memorandum of Oil and Gas Lease from Jimmy E. Easterly to Carr Resources Inc.,
dated March 19, 2013, recorded in Volume 11231, page 186, Official Records of Brazos
County, Texas.
We do not certify as to property taxes.
This certificate is for lnfonnational purposes only and the infonnation contained herein
shall not be relied on in the issuance of any title insurance policy. The liability of Brazos
County Abstract Company in this connection is limited to $150.00, being the charge
made for this certificate.
WITNESS OUR HAND at Bryan, Texas, this the 16th day of September, 2013.
BRAZOS COUNTY ABSTRACT COMPANY
BY:;{~ ~-2np
Lisa Kemp
/
GFNo. 143866A
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
CERTIFICATE
BRAZOS COUNTY ABSTRACT COMPANY does hereby certify that we have
examined the records in the office of the Clerk of the County Court of Brazos County,
Texas, affecting the title to the said property described below from January 15, 2008;
All that certain tract or parcel of land, tying and being situated In the J. W. SCOTT
LEAGUE, ABSTRACT NO. 49, College Station, Brazos County, Texas. Said tract being
a portion of the remainder of a called 113.67 acre tract as described by a deed to
Carrara Partnership recorded In Volume 586, page 488 of the Deed Records of Brazos
County, Texas, all of a called 2.00 acre tract as described by a deed to Edward H.
Harte or Houston H. Harte or Joanne Bennett recorded In Volurrie 507, page 563 of the
deed records of Brazos County, Texas, and all of a called 2.00 acre tract as described
by a deed to Edward H. Harte or Houston H. Harte or Joanne Bennett recorded In
Volume 507. page 568 of the Deed Records of Brazos County, Texas.
said tract being more particularly described by metes and bounds as follows:
BEGINNING: at a Ya inch Iron rod found on the northwest line of State Highway No. 30
(120' R.O.W.) marking the south corner of said remainder of 113.67 acre tract and the
east corner of a called 192.64 acre tract described as exhibit "A" by a deed to College
Main Apartments, Ltd., recorded In Volume 3687, page 258 of the Official Public
Records of Brazos County, Texas;
THENCE: N 47° 03' 20" W along the common lfne of said remainder of 113.67 acre
tract and said 192.64 acre tract for a distance of 1346.50 feet to a Ya inch Iron rod
found marking the most westerly corner of said remainder of 113.67 acre tract and the
south corner of a called 46.19 acre tract as described by a deed to Diane Peters, E.
Duane Peters and Patricia Kay Peters recorded In Volume 223, page 111 of the Deed
Records of Brazos County, Texas;
THENCE: N 41° 39' 43" E along the common line of said remainder of 113.67 acre
tract and said 46.19 acre tract for a distance of 1146.61 feet to a Ya Inch Iron rod found
marking the east corner of said 46.19 acre tract and an Interior west corner of said
remainder of 113.67 acre tract;
THENCE: N 45° 47' 51" W continuing along the common line of said remainder of
113.67 acre tract and said 46.19 acre tract for a distance of 593.53 feet to a % Inch Iron
rod found marking the south comer of a called 35.91 acre tract as described by a deed
to Robert Henry Conaway, Jr., recorded In Volume 2864, page 51 of the Official Public
Records of Brazos County, Texas, said Iron rod found marking the west corner of said
second 2.00 acre tract (507/568), same being the original most northerly west corner
of said 113.67 acre tract;
THENCE: N 42° 09' 39" E along the common line of said 2.00 acre tracts (507/568 and
507/563), said remainder of 113.67 acre tract and said 35.91 acre tract for a distance
of 1282.80 feet to a 1h Inch Iron rod found marking the north corner of said remainder
of 113.67 acre tract and the west corner of the remainder of a called 15.379 acre tract
as described by a deed to Joyce Peters Bell recorded In Volume 297, page 252 of the
Deed Records of Brazos County, Texas;
THENCE: S 46°10' 45" E along the common line of said remainder of 113.67 acre tract
and said remainder of 15.379 acre tract for a distance of 1172.52 feet to a 5/8 Inch Iron
rod found marking an Interior north corner of said remainder of 113.67 acre tract and
the south corner of the remainder of a called 11.424 acre tract as described by a deed
to Joyce A. Devaney, Trustee, recorded In Volume 2584, page 225 of the Official Public
Records of Brazos County, Texas;
THENCE: N 41° 57' 03" E along the common fine of said remainder of 113.67 acre
tract and said remainder of 11.424 acre tract for a distance of 602.23 feet to a % Inch
Iron rod found marking an east corner of said remainder of 11.424 acre tract;
THENCE: N 72° 47' 26" W continuing along the common llne of said remainder of
113.67 acre tract and said remainder of 11.424 acre tract for a distance of 220.45 feet
to a Yi Inch Iron rod found marking an Interior east corner of said remainder of 11.424
acre tract;
THENCE: N 30° 07' 18" E continuing along the common llne of said remainder of
113.67 acre tract and said remainder of 11 .424 acre tract for a distance of 27 4.69 feet
to a brass right-of-way marker found on the existing south llne of FM 158 marking the
northeast corner of said remainder of 11.424 acre tract;
THENCE: S 78° 58' 02" E along the south llne of FM 158 for a distance of 180.05 feet
to a brass right-of-way marker found marking an angle point In said tine;
THENCE: S 73° 52' 00" E continuing along the south line of FM 158 for a distance of
204.62 feet to a 5/8 Inch Iron rod set marking the most northerly east corner of this
herein described tract, for reference a bras right-of-way marker found bears: S 73°
52' 00" E for a distance of 111.16 feet;
THENCE: through said remainder of 113.67 acre tract for the followlng calls:
S 41° 46' 43" W for a distance of 291.94 feet to a 5/8 fnch Iron rod set;
S 89° 47' 28" W for a distance of 85.00 feet to a 5/8 Inch Iron rod set;
S 41° 57' 03" W for a distance of 612.10 feet to a 5/8 Inch Iron rod set;
S 46° 10' 45" E for a distance of 336.59 feet to a 5/8 Inch Iron rod set;
N 78° .17' 11" E for a distance of 358.88 feet to a 5/8 Inch Iron rod set;
S 48° 48' 29" E for a distance of 263.84 feet to a 5/8 Inch Iron rod set on the northwest
line of State Highway No. 30 marking the most southerly east corner of this herein
described tract, for reference a Y:z Inch Iron rod found marking an east corner of said
remainder of 113.67 acre tract and the south corner of a called 1.88 acre tract
described as tract 2 by a deed to Brazos Super Trac, Inc. recorded in Volume 3644,
page 256 of the Official Public Records of Brazos County, Texas, bears: N 45°18' 20"
E for a distance of 333.00 feet;
THENCE: S 45° 18' 20" W along the northwest llne of State Highway No. 30 for a
distance of 738.60 feet to a Y:z inch Iron rod found marking the beginning of a curve
to the left having a radius of 5789.58 feet;
THENCE: along said curve through a central angle of 02° 58' 11" for an arc distance
of 300.07 feet (chord bears: S 43° 49' 15" W • 300.04 feet) to a % Inch Iron rod found
marking the ending point of said curve;
THENCE: S 42° 20' 10" W continuing along the northwest line of State Highway No.
30 for a distance of 1681.59 feet to the POINT OF BEGINNING containing 98.202 acres
of land, more or less.
We find the following actions or conveyances affecting the title to said land (specifically
excluding any conveyances respecting mineral estate) through June 30, 2008@ 8:00 A.M.:
Temporary Blanket Utility Easement from The Summit Crossing, LLC to City of
College Station, Texas, dated February 19, 2008, recorded In Volume 8460, page
24, Official Records of Brazos County, Texas.
We do not certify as to property taxes.
This certificate is for informational purposes only and the information contained herein
shall not be relied on in the issuance of any title insurance policy. The liability of Brazos
County Abstract Company in this connection is limited to $00.00, being the charge
made for this certificate.
WITNESS OUR HAND at College Station, Texas, this the 1st day of July, 2008.
BRAZOS COUNTY ABSTRACT COMPANY
~-NEVANETTEN
Premium: $1,761.00 3250,0710
STEWART TITLE GUARANTY COMPANY
SCHEDULE A
P-L
File No.: 143866A Polley No.: M-5842-879485
Issued With: 0-5841-257881
AMOUNT OF INSURANCE: $1,000,000.00
DATE OF POLICY: August 22, 2006 at 03:44 AM
1. NAME OF INSURED:
THE BRENHAM NATIONAL BANK, and each successor In ownership of the Indebtedness secured by
the insured mortgage, except a successor who Is an obllgor under the provisions of Section 12(c) of the
Conditions and Stipulations.
2. THE ESTATE OR INTEREST IN THE LAND THAT IS INSURED AS ENCUMBERED BY THE INSURED
MORTGAGE IS:
FEE SIMPLE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND rs INSURED AS VESTED IN:
THE SUMMIT CROSSING, LLC
4. THE INSURED MORTGAGE AND ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS
FOLLOWS:
Vendor's Lien retained In Deed dated August 17, 2006, executed by Jimmy Easterly to The Summit
Crossing, LLC, securing the payment of one note of even date therewith In the principal amount of
$1,000,000.00, payable to The Brenham National Bank, and said note being additionally secured by
deed of trust, security agreement, fixtures, financing statement, and assignment of rents of even date
therewith to Michael R. Rudloff, Trustee, said Deed of Trust filed for record in the Office of the County
Clerk of Brazos County, Texas, on August 24, 2006, under Clerk's File No. 938466 and recorded In
Volume 7545, page 1, Official Records of Brazos County, Texas, and being subject to all of the terms,
conditions and stipulations contained in said note and deed of trust.
5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
All that certain tract or parcel of land, lying and being situated in the J. W. SCOTT LEAGUE, ABSTRACT
NO. 49, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called
113.67 acre tract as described by a deed to Carrara Partnership recorded In Volume 586, page 488 of
the Deed Records of Brazos County, Texas,.all of a called 2.00 acre tract as described by a deed to
Edward H. Harte or Houston H. Harte or Joanne Bennett recorded in Volume 507, page 563 of the deed
records of Brazos County, Texas, and all of a called 2.00 acre tract as described by a deed to Edward
H. Harte or Houston H. Harte or Joanne Bennett recorded in Volume 507, page 568 of the Deed Records
of Brazos County, Texas.
BRAZOS COUNTY ABSTRACT COMPANY
~~
File No.: 143866A
STEWART TITLE GUARANTY COMPANY
SCHEDULE A
(Continued) Policy No.: M-5842-879485
said tract being more particularly described by metes and bounds as follows:
BEGINNING: at a Ya inch iron rod found on the northwest line of State Highway No. 30 (120' R.O.W.)
marking the south corner of said remainder of 113.67 acre tract and the east corner of a called 192.64
acre tract described as exhibit "A" by a deed to College Main Apartments, ltd., recorded in Volume 3687,
page 258 of the Official Public Records of Brazos County, Texas:
THENCE: N 47° 03' 20" W along the common line of said remainder of 113.67 acre tract and said
192.64 acre tract for a distance of 1346.50 feet to a Ya Inch Iron rod found marking the most westerly
corner of said remainder of 113.67 acre tract and the south corner of a called 46.19 acre tract as
described by a deed to Diane Peters, E. Duane Peters and Patricia Kay Peters recorded In Volume 223,
page 111 of the Deed Records of Brazos County, Texas;
THENCE: N 41° 39' 43" E along the common line of said remainder of 113.67 acre tract and said 46.19
acre tract for a distance of 1146.61 feet to a Ya Inch iron rod found marking the east comer of said 46.19
acre tract and an interior west corner of said remainder of 113.67 acre tract;
THENCE: N 45° 47' 51" W continuing along the common line of said remainder of 113.67 acre tract and
said 46.19 acre tract for a distance of 593.53 feet to a Y2 inch Iron rod found marking the south corner
of a called 35.91 acre tract as described by a deed to Robert Henry Conaway, Jr., recorded In Volume
2864, page 51 of the Official Public Records of Brazos County, Texas, said iron rod found marking the
west corner of said second 2.00 acre tract (507/568), same being the original most northerly west corner
of said 113.67 acre tract:
THENCE: N 42° 09' 39" E along the common line of said 2.00 acre tracts (507/568 and 507/563), said
remainder of 113.67 acre tract and said 35.91 acre tract for a distance of 1282.80 feet to a Y2 inch iron
rod found marking the north corner of said remainder of 113.67 acre tract and the west corner of the
remainder of a called 15.379 acre tract as described by a deed to Joyce Peters Bell recorded In Volume
297, page 252 of the Deed Records of Brazos County, Texas;
THENCE: S 46° 10' 45" E along the common line of said remainder of 113.67 acre tract and said
remainder of 15.379 acre tract for a distance of 1172.52 feet to a 5/8 inch Iron rod found marking an
interior north corner of said remainder of 113.67 acre tract and the south corner of the remainder of a
called 11.424 acre tract as described by a deed to Joyce A Devaney, Trustee, recorded In Volume 2584,
page 225 of the Official Public Records of Brazos County, Texas:
THENCE: N 41° 57' 03" E along the common line of said remainder of 113.67 acre tract and said
remainder of 11.424 acre tract for a distance of 602.23 feet to a Y2 Inch iron rod found marking an east
corner of said remainder of 11.424 acre tract;
THENCE: N 72° 47' 26" W continuing along the common line of said remainder of 113.67 acre tract and
said remainder of 11.424 acre tract for a distance of 220.45 feet to a Ya Inch iron rod found marking an
interior east corner of said remainder of 11.424 acre tract;
THENCE: N 30° 07' 18" E continuing along the common line of said remainder of 113.67 acre tract and
File No.: 143866A
STEWART TITLE GUARANTY COMPANY
SCHEDULE A
{Continued) Polley No.: M-5842-879485
said remainder of 11 .424 acre tract for a distance of 27 4.69 feet to a brass right-of-way marker found
on the existing south line of FM 158 marking the northeast corner of said remainder of 11.424 acre tract;
THENCE: S 78° 58' 02" E along the south line of FM 158 for a distance of 180.05 feet to a brass rlght-of-
way marker found marking an angle point in said line;
THENCE: S 73° 52' 00" E continuing along the south line of FM 158 for a distance of 204.62 feet to a
5/8 inch iron rod set marking the most northerly east corner of this herein described tract, for reference
a bras right-of-way marker found bears: S 73° 52' 00" E for a distance of 111.16 feet;
THENCE: through said remainder of 113.67 acre tract for the following calls:
S 41° 46' 43" W for a distance of 291 .94 feet to a 5/8 Inch iron rod set;
S 89° 47' 28" W for a distance of 85.00 feet to a 5/8 Inch iron rod set;
S 41° 57' 03" W for .a distance of 612.1 O feet to a 5/8 inch Iron rod set;
S 46° 10' 45" E for a distance of 336.59 feet to a 5/8 inch Iron rod set;
N 78° 1_7' 11" E for a distance of 358.88 feet to a 5/8 Inch Iron rod set;
S 48° 48' 29" E for a distance of 263.84 feet to a 5/8 inch Iron rod set on the northwest line of State
Highway No. 30 marking the most southerly east corner of this herein described tract, for reference a
Yz inch Iron rod found marking an east comer of said remainder of 113.67 acre tract and the south corner
of a called 1.88 acre tract described as tract 2 by a deed to Brazos Super Trac, Inc. recorded in Volume
3644, page 256 of the Official Public Records of Brazos County, Texas, bears: N 45° 18' 20" E for a
distance of 333.00 feet; ·
THENCE: S 45° 18' 20" W along the northwest line of State Highway No. 30 for a distance of 738.60
feet to a Ya inch iron rod found marking the beginning of a curve to the left having a radius of 5789.58
feet;
THENCE: along said curve through a central angle of 02° 58' 11" for an arc distance of 300.07 feet
(chord bears: S 43° 49' 15" W -300.04 feet) to a Yz Inch iron rod found marking the ending point of said
curve;
THENCE: S 42° 20' 1 O" W continuing along the northwest line of State Highway No. 30 for a distance
of 1681.59 fee~ to the POINT OF BEGINNING containing 98.202 acres of land, more or less.
'·
STEWART TITLE GUARANTY COMPANY
SCHEDULE B
File No.: 143866A Polley No.: M-5842-879485
EXCEPTIONS FROM COVERAGE
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE {AND THE COMPANY WILL NOT PAY
COSTS, ATTORNEYS' FEES OR EXPENSES) THAT ARISE BY REASON OF THE TERMS AND
CONDITIONS OF THE LEASES AN EASEMENTS, IF ANY, SHOWN IN SCHEDULE A, AND THE
FOLLOWING MATTERS:
1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW, BUT THE
COMPANY INSURES THAT ANY RESTRICTIVE COVENANTS HAVE NOT BEEN VIOLATED SO AS
TO AFFECT, AND THAT FUTURE SUCH VIOLATION THEREOF WILL NOT AFFECT, THE VALIDITY
OR PRIORITY OF THE MORTGAGE HEREBY INSURED (INSERT SPECIFIC RECORDING DATA OR
DELETE THIS EXCEPTION):
Item No. 1 is hereby deleted In its entirety.
2. ANY SHORTAGES IN AREA.
3. STANDBY FEES, TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR THE YEAR 2006
AND SUBSEQUENT YEARS; AND SUBSEQUENT TAXES AND ASSESSMENTS BY ANY TAXING
AUTHORITY FOR PRIOR YEARS DUE TO CHANGE IN LAND USAGE OR OWNERSHIP, BUT NOT
THOSE TAXES OR ASSESSMENTS FOR PRIOR YEARS BECAUSE OF AN EXEMPTION GRANTED
TO A PREVIOUS OWNER OF THE PROPERTY UNDER SECTION 11.13, TEXAS TAX CODE, OR
BECAUSE OF IMPROVEMENTS NOT ASSESSED FOR A PREVIOUS TAX YEAR. COMPANY
INSURES THAT STANDBY FEES, TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR
THE YEAR 2006 ARE NOT YET DUE AND PAYABLE.
4. LIENS AND LEASES THAT AFFECT THE TITLE TO THE ESTATE OR INTEREST, BUT THAT ARE
SUBORDINATE TO THE LIEN OF THE INSURED MORTGAGE.
5. (INSERT HERE ALL OTHER SPECIFIC EXCEPTIONS AS TO SUPERIOR LIENS, EASEMENTS,
OUTSTANDING MINERAL AND ROYAL TY INTERESTS, ETC.):
a. Service Utilities and appurtenant facilities as depicted on survey plat prepared by Brad Kerr,
Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006.
b. Right-of-Way Easement from E. U. Peters, et ux to The City of Bryan, acknowledged May 1, 1937,
recorded in Volume 98, page 90, Deed Records of Brazos County, Texas and noted as a blanket
easement on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of
Texas, No. 4502, dated August 9, 2006.
c. Right-of -Way Easement from Chester A. Jones, et ux to The City of Bryan, dated April 2, 1937,
recorded in Volume 98, page 184, Deed Records of Brazos County, Texas and noted as a blanket
easement on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of
Texas, No. 4502, dated September 9, 2006.
d. Easement from E. U. Peters, et ux to Magnolia Pipe Line Company, dated October 30, 1946,
recorded in Volume 127, page 411, Deed Records of Brazos County, Texas; as defined in Partial
Release Agreement dated July 11, 1980, recorded in Volume 108, page 175, Release Records of
Brazos County, Texas and depicted as a 60' Pipeline Easement running through the southwest
portion of the tract and as shown on survey plat prepared by Brad Kerr, Registered Professional
Land Surveyor, State of Texas, No. 4502, dated August 9, 2006.
Fiie No.: 143866A
STEWART TITLE GUARANTY COMPANY
SCHEDULE B
(Continued) Policy No.: M-5842-879485
e. Right-of-Way Easement from 0. C. Cooper to Wixon Water Supply Corporation, dated September
25, 1971, recorded In Volume 309, page 670, Deed Records of Brazos County, Texas and noted as
a blanket easement on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor,
State of Texas, No. 4502, dated August 9, 2006.
f. Easement and Right-of-Way from Lieven J. Van Riet, Trustee, et al to Texas Municipal Power
Agency, dated October 26, 1979, recorded in Volume 439, page 301, Deed Records of Brazos
County, Texas and depicte9 as a 70' Electrical Easement running through the southwest portion of
the tract and as shown on survey plat prepared by Brad Kerr, Registered Professional Land
Surveyor, State of Texas, No. 4502, dated August 9, 2006.
g. Easement from David Hart, Trustee to The City of College Station, dated September 8, 1981,
recorded in Volume 494, page 11, Deed Records of Brazos County, Texas and as noted on survey
plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated
August 9, 2006.
h. Utility Easement from Carrara Partnership to The City of College Station, dated March 7, 1984,
recorded in Volume 660, page 606, Official Records of Brazos County, Texas and depicted as a 20'
Utility Easement running along State Highway No. 30 and as shown on survey plat prepared by Brad
Kerr; Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006.
i. Utility Easement from Carrara Partnership to The City of College Station, dated June 26, 1984,
recorded in Volume 698, page 561, Official Records of Brazos County, Texas and depleted as a 20'
Utility Easement running along F.M. 158 and as shown on survey plat prepared by Brad Kerr,
Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006.
j. Utility Easement from Carrara Partnership to The City of College Station, dated September 15, 1988,
recorded in Volume 1075, page 197, Official Records of Brazos County, Texas and depicted as a
20' Utility Easement running along F.M. 158 and as shown on survey plat prepared by Brad Kerr,
Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006.
k. Public Utility Easement from Carrara Partnership to City of College Station, Texas, dated March 13,
2002, recorded In Volume 4715, page 104, Official Records of Brazos County, Texas and depicted
as a 20' Utility Easement running along F.M. 158 and as shown on survey plat prepared by Brad
Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006.
I. Mineral reservation in Deed from Ueven J. Van Rlet, Trustee to L&N Land Corp., dated March 20.
1981, recorded in Volume 476, page 764, and corrected in Volume 488, page 584, Deed Records
of Brazos County, Texas; subject to the terms and conditions of surface waiver contained therein.
Title to this reservation has not been traced subsequent to the date of the above-cited instrument.
m. Mineral reservation in Deed from Robert Van Rlet, et ux to L&N Land Corp., dated March 20, 1981,
recorded in Volume 476, page 770, Deed Records of Brazos County, Texas; subject to the tenns and
conditions of surface waiver contained therein. Title to this reservation has not been traced
subsequent to the date of the above-cited Instrument.
n. Mfneral reservation in Deed from Jimmy Easterly to The Summit Crossing, LLC dated August 17,
2006, recorded in Volume 7541, page 214, Official Records of Brazos County, Texas. Title to this
reservation has not been traced subsequent to the date of the above-cited instrument.
File No.: 143866A
STEWART TITLE GUARANTY COMPANY
SCHEDULE B
(Continued) Policy No.: M-5842-879485
o. Estate created by Oil and Gas leases from Carrara Corp., et al to SS&H 011 Company, dated July
31 , 1981 and August 19, 1981, recorded in Volume 42, pages 48 and 51, O&GL Records of Brazos
County, Texas. Title to these leases has not been traced subsequent to the date of the above-cited
instrument.
p. Estate created by Oil and Gas lease from Lieven J. Van Rlet, et al to Baker Exploration Company,
dated May 10, 1986, recorded In Volume 889, page 593, Official Records of Brazos County, Texas.
Title to this lease has not been traced subsequent to the date of the above-cited instrument.
q. Estate created by Oil and Gas lease from Lieven J. Van Rlet, et al to The Great Texas Petroleum
Co., Inc., dated February 22, 1991, recorded in Volume 1239, page 769, Official Records of Brazos
County, Texas. Tltle to this lease has not been traced subsequent to the date of the above-cited
instrument.
r. Estate created by Memorandum of Oil and Gas Leases from Isabel Harte Trust No. 1, et al to Baker
Exploration Company, dated August 6, 1991, recorded in Volume 1323, pages 217, 219 and 221,
Official Records of Brazos County, Texas. Title to these leases has riot been traced subsequent to
the date of the above-cited Instrument.
s. Section 13 of the Conditions and Stipulations of this policy is hereby deleted.
t. All oil, gas and other minerals In and under the herein described property, together with any rights
of ingress and egress, mining or drilling privileges heretofore reserved or conveyE!d by predecessors
in title. There is expressly excluded from coverage hereunder, and this Company does not Insure,
title to oil, gas and other minerals of every kind and character, in, on and under the property herein
described.
u. The Tax Certificate furnished by the taxing authorities is Issued on real estate only. It does not
include minerals and/or personal property, therefore, no liability is assumed herein for the payment
of said mineral and/or personal property tax.
FORM T-2 MORTGAGEE POLICY OF TITLE INSURANCE
II you want Information about coverage or need assistance to resol11e complalnts, please call our toll free number: 1-800-729-1902. If you make a claim under your policy, you must furnish written notice In accordance with Section 3 or the Conditions and Stlpulatlons.
Visit our World-Wide Web site at: http://www.stewart.com
MORTGAGEE POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B ANO THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, AA.Of Date of Polfcy;~,,9wn in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated in ~"Qhedule A, sustaintt,11or Incurred by the insured by reason of:
1. Title to the estate or interest described In scfi.~dule A being vestl other than as stated therein;
2. Any defect in or lien or encumbrance on the 'title; J'.11.
3. lack of a right of access to and from the land;··.. . ... ,··\
4. The invalidity or unenforceablilty of the lien of the Insured mor.tgage upon the title;
5. The priority of any lien or encumbrance over the)lcm. qt.
• . ~..:\.:-,;~;:.;.\::;:-;;~~:.:~;!" 6. Lack of priority of the lien of the insured·m.imgatJ!3W~~
.. ·. e~/!lOrtgi~e;
.. ~~or c~stltutional mechanic's, contractor's,
etoj':Date of Polley; or materialman's lien for labor or ma'terial'~_iyl_~9~ft~)~.~--"<~'
7. The invalidity or unenforceability of any as~m@l~¥#!.~!it~~:I
in Schedule A, or the failure of the asslgnm-~(l~;~t!QWJl;IQ\
named Insured assignee free and clear of.aU~jleris;~!.!ii~};%£~· . . . >~:\. ... \.! ·;:-~. ~· ~C,".'t'.":': ;~..::~~
8. Lack of good and indefeasible tllle. · :!i~Y<::~::;-n1il ..
The Company also will pay the costs, attor,Q._~y~· fe6~ and expen
insured mortgage, as insured, but only to th~~;~~\~Rt~f~vided In t
In witness whereof, Stewart Title Guaranty{Q:Qfr\J.illy has ca
authorized officers as of Date of Policy showfi}iG§S'~~:~ule A. sT f,ff'i;~<./' I
:;:~'. . ~:-\~~?-~-:-l
EXCLUSIONS FROM COVERAGE
i. I I
Ort if ge, provided the assignment Is shown
· · est title to the Insured mortgage in the
d In defense of the title or the lien of the
·ns and Stipulations.
licy to be signed and sealed by its duly
The following molters ore expreuiy excluded from the coverogli.of.th!t pplityiomf.the Company will not poy loss or damage, costs, attorney$' lees
or expenses that arise by reoson of: ·
1. (o) Any low, ordinance or governmental regulation (including but not limited to building and zoning lows, ordinances, or regulations)
mlriding, reguloting, prohibiting or relating to (i) the occupancy, u'8, or en!oyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the fond is or was o por1; or (iv) environmental protection, or the effect of ony violotion of these lows, ordinances or 9overnmentol
regulations, except to the extent that o notice of the enforcement thereof or o nolice of o defect, lien or encumbrance resulting from o violation or
olle9ed violotion affecting the land hos been recorded in the public records ot Dote of Policy.
(b) Any governmental police power not excluded by (o) above, except to the extent that a notice of Iha exercise thereof or o notice of o
defect, lien or encumbrance resulting from o violation or alleged violation affecting the land has been recorded in the public record$ ot Date of
Policy.
2. Rights of eminent dom9in unless notice of the exercise thereof hos been recorded in the public records ot Oale of Policy, but not excluding
from coverage ony toking that has occurred prior to Dote of Policy which would be binding on the rights of o purchaser for value wlthoul
knowledge.
Pae-tot M 5 8794 ~:,~lNo. • 842• 8 5
582 (Rev. 10+~7
·\,Brazos County Abstract Company
"More Than 140 Years o/Title Service"
P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive
Bryan, Texas 77805-4704 Fax: (979 713-8352 Bryan, Texas 77802
BCAC GF NO. 153173
Title Report Prepared December 19, 2012
for
MONTE VERDE DEVELOPMENT and
JIMMY E. EASTERLY
Brazos County Abstract Company
"More than 140 Years of Title Service0
Experience Matters
EFFECTIVE DATE: December 18, 2012 at 8:00 a.m.
GFNO. 153173
PROPERTY DESCRIPTION:
Being all those certain lots, tracts or parcels of land lying and being situated
in Brazos County, Texas and being Lots One (1) through Twenty-four (24),
Block Four (4), SUMMIT CROSSING, PHASE 1, an addition to the City of
College Station, Texas, according to plat recorded in Volume 9490, page
296, Official Records of Brazos County, Texas.
TITLE APPEARS TO BE VESTED IN:
MONTE VERDE DEVELOPMENT, INC.
by Warranty Deed with Vendor's Lien from Summit Crossing, LLC dated June 19, 2009, recorded
in Volume 9201, page 195, Official Records of Brazos County, Texas. (Lots 1 -20) and
JIMMY E. EASTERLY
by Warranty Deed with Vendor's Lien from Monte Verde Development, Inc-> dated October 13,
2011, recorded in Volume 10376, page 232, Official Records of Brazos County, Texas. (Lots 21 -
24)
SUBJECT TO:
1. LIENS: A. Deed of Trust dated June 19, 2009, executed by Monte Verde
Development, Inc. to J. Fred Bayliss, Trustee, securing one note of even
date payable to The Summit Crossing, LLC, in the principal amount of
$1,250,000.00, recorded in Volume 9201, page 214, Official Records of
Brazos Cowity, Texas. (Lots 1-15)
B. Deed of Trust dated June 19, 2009, executed by Monte Verde
Development, Inc. to J. Fred Bayliss, Trustee, securing one note of even
date payable to Steven Davis, in the principal amount of $400,000.00,
recorded in Volume 9201, page 228, Official Records· of Brazos Comity,
Texas. (Lots 16-20, with other property)
C. Deed of Trust dated October 13, 2011, executed by Jimmy E. Easterly to
Brazos County Abstract Company
"More than 140 Years of Title Service"
James Geeslin, Trustee, securing one note of even date payable to Extraco
Banlcs, N.A., dba Extraco Mortgage, in the principal amount of $50,000.00,
recorded in Volume 10376, page 235, Official Records of Brazos County,
Texas. (Lots 21-24)
2. ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS:
3. EASEMENTS:
NONE OF RECORD
Easements as shown of record on plat of Summit Crossing, Phase 1,
recorded in Volume 9490, page 296, Official Records of Brazos County,
Texas.
Right-of-Way Easement from E. U. Peters, et ux to The City of Bryan,
acknowledged May 1, 1937, recorded in Volume 98, page 90, Deed
Records of Brazos County, Texas.
Right-of-Way Easement from Chester A. Jones, et ux to The City of Bryan,
dated April 2, 1937, recorded in Volume 98, page 184, Deed Records of
Brazos County, Texas.
Right-of-Way Easement from 0. C. Cooper to Wixon Water Supply
Corporation, dated September 25, 1971, recorded in Volume 309, page 670,
Deed Records of Brazos County, Texas.
Easement from David Hali, Trustee to The City of College Station, dated
September 8, 1981, recorded in Volume 494, page 11, Deed Records of
Brazos County, Texas.
4. OUTSTANDING MINERALS AND/OR ROYALTIES:
Mineral reservation in Deed from Lieven J. Van Riet, Trustee to L&N Land
Corp., dated March 20, 1981, recorded in Volume 476, page 764, and
corrected in Volume 488, page 584, Deed Records of Brazos County,
Texas. Title to this reservation has not been traced subsequent to the date of
the above-cited instrument.
Mineral reservation in Deed from Robert Van Riet, et ux to L&N Land
Corp., dated March 20, 1981, recorded in Volume 476, page 770, Deed
Brazos .County Abstract Company
"More than 140 Years of Title Service"
Records of Brazos County, Texas. Title to this reservation has not been
·traced subsequent to the date of the above-cited instrument.
Mineral reservation in Deed from Jimmy Easterly to The Summit Crossing,
LLC, dated August 17, 2006, recorded in Volume 7541, page 214, Official
Records of Brazos County, Texas. Title to this reservation has not been
traced subsequent to the date of the above-cited instrument.
5. OIL & GAS LEASES:
Estate created by Oil and Gas Leases from Carrara Corp., et al to SS&H Oil
Company, dated July 31, 1981 and August 19, 1981, recorded in Volume
42, pages 48 and 51, O&GL Records of Brazos County, Texas. Title to this
lease has not been traced subsequent to the date of the above-cited
instrument.
Estate created by Oil and Gas Lease from Lieven J. Van Riet, et al to Baker
Exploration Company, dated May 10, 1986,'recorded in Volume 889, page
593, Official Records of Brazos County, Texas. Title to this lease has not
been traced subsequent to the date of the above-cited instrument.
Estate created by Oil and Gas Lease from Lieven J. Van Riet, et al to The
Great Texas Petrolemn Co., Inc., dated Febl'Uary 22, 1991, recorded in
Volume 1239, page 769, Official Records of Brazos County, Texas. Title
to th.is lease has not been traced subsequent to the date of the above-cited
instrument.
Estate created by Memorandum of Oil and Gas Lease from Canara
Partnership to Baker Exploration Company, dated August 6, 1991, recorded
in Volume 1323, page 221, Official Records of Brazos County, Texas.
Title to this lease has not been traced subsequent to the date of the above-
cited instrument.
6. RESTRICTIONS: Restrictive covenants recorded in Volume 9490, page 296 (plat) and
Volume 9523, page 134, Official Reco1:ds of Brazos County, Texas.
7. TAXES: NO SEARCH MADE
8. MISCELLANEOUS: Terms, conditions and stipulation as set forth in the Declaration of
Covenants, Conditions and Restrictions executed by Monte Verde
Development, Inc., dated March 5, 2010, recorded in Volume 9523, page
Brazos County Abstract Company
"More than 140 Yeat'S of Title Service"
134 and in Management Certificate recorded in Volwne 9547, page 253,
Official Records of Brazos County, Texas.
Maintenance Charge as set forth in the Declaration of Covenants,
Conditions and Restl'ictions executed by Monte Verde Development, Inc.,
dated March 5, 2010, recorded in Volume 9523, page 134, Official Records
of Brazos County, Texas.
All leases, grants, exceptions or reservations of coal, lignite, oil, gas and
other minerals, together with all rights, privileges and immunities relating
thereto, appearing in the Public Records, whether listed or not. There may
be leases, grants, exceptions or reservations of mineral interests that are not
listed.
TIIlS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY
THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BRAZOS COUNTY ABSTRACT
COMPANY DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS
TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO
THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE
PURPORTED DEED(S) ESTABLISIDNG THE RECORD OWNER(S) CITED ABOVE, BUT IS
SIMPLY REPORTING BRIEFLY HEREIN AS TO THE INSTRUMENTS FOUND OF RECORD
PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT TIIlS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE.
BY ACCEPTANCE OF TIIlS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY
OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY
CONSIDERATION PAID FOR SAID REPORT BY • TIDS SEARCH HAS BEEN LIMITED TO
THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE HA VE NOT
SEARCHED FOR, NOR HAVE REFLECTED HEREIN, ANY EXAMINATION AS TO TAX
SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WHICH MAY
AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE,
WHICH IS NOT PROVIDED BY TillS REPORT, IS NEEDED, SAID COVERAGE IS
AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AND AT A
SPECIFIED RATE PREMIUM.
BRAZOSCOUNTYABSTRACTCOMPANY
"./_/ ... \ /·; (
BY<~AYL lv mp ~.--LISA KEMP
. I ,
DATE:
TO:
FROM:
SUBJECT:
July 1, 2014
CITY OF C Ol:.lEGE STATION
Home o/Texas A&M University•
MEMORANDUM
Rabon Metcalf, RME Consulting Engineering, via; rabon@rmengineer.com ~
Morgan Hester, Staff Planner
SUMMIT CROSSING PHASE 28 (PP) -Preliminary Plan
Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff
review comments detailing items that need to be addressed. Please address the comments and
submit the following information for further staff review and to be scheduled for a future Planning
& Zoning Commission meeting:
One (1) 24" x 36" copy of the revised Preliminary Plan; and
Thirteen ( 13) 11 " x 17" copies of the revised Preliminary Plan.
Upon receipt of the required documents for the Planning & Zoning meeting, your project will be
considered formally filed with the City of College Station. Please note that this application will
expire in 90 days from the date of this memo, if the applicant has not provided written response
comments and revised documents to the Administrator that seek to address the staff review
comments contained herein. If all comments have not been addressed, your project will be
pulled from the scheduled Planning & Zoning Commission agenda. Your project may be placed
on a future agenda once all the revisions have been made and the appropriate fees paid. Once
your item has been scheduled for the P&Z meeting, the agenda and staff report can be
accessed at the following web site on Monday the week of the P&Z meeting.
http://www.cstx.gov/pz
Please note that a Mylar original of the revised preliminary plan will be required after P&Z
approval and prior to processing subsequent final plats. If you have any questions or need
additional information, please call me at 979 .764.3570.
Attachments: Staff review comments
cc: Jim Easterly, The Summit Crossing , LLC, via; jimeasterly@gmail.com /
Case file #14-00900155
Plttnning & Development Services
P.O. BOX 9%0 • l lOl TEXAS AVENUE • COLLEGE STATION ·TEXAS · 77842
TEL 979.764.3570 ·FAX. 979.764 .. 'WJ6
cstx.gov/devservices
STAFF REVIEW COMMENTS NO. 1
Project: SUMMIT CROSSING PHASE 28 (PP) -(14-00900155)
PLANNING
1. Please revise the A-0 zoning designation to the northwest to R Rural to reflect the recent
zoning classification renaming.
2. Please complete the adjoining property information table to include Villas at Summit
Crossing properties.
3. Please add a general note that each lot will provide a minimum of two (2) trees of at least
two inches (2") in caliper or one (1) tree of four inch (4") caliper per Ordinance No . 3222.
4. Any changes made to the plans which have not been requested by the City of College
Station, must be explained in your next transmittal letter and "bubbled" on your plans . Any
additional changes on these plans that have not been pointed out to the City will constitute a
completely new review.
Reviewed by: Morgan Hester Date: June 26, 2014
ENGINEERING COMMENTS NO. 1
1. Add a note indicating that the public infrastructure for Summit Crossing Ph.2A will need to
be built and accepted by the City prior to the infrastructure for Ph.2B being accepted.
2. Please provide a table of Common Areas.
3. Provide a 20-ft PUE along the rear of the Block 5 lots adjacent to unplatted property.
Reviewed by: Erika Bridges Date: June 30, 2014
ADDRESSING
1. Addresses for this project will be verified and distributed after the final plat has been
approved and filed at the Brazos County Courthouse.
2. The proposed street names have been preliminarily approved and will be re-verified prior to
filing any plats to ensure no duplicate street names are being created within Brazos County.
3. Block Ranges:
1500 Buena Vista @ 1700 Lonetree Dr
1500 Buena Vista @ 1800 Lonetree Dr
Reviewed by: Robin Krause, Permit Technician
FIRE
1. No comments at this time.
Reviewed by: Steve Smith
SANITATION
1. Need a turnaround at the north end of Lonetree Dr.
Reviewed by: Wally Urrutia
2 of 2
Date: June 24 , 2014
Date: June 19, 2014
Date: June 20, 2014
I .)t,' •
July 1, 2014
TO:
FROM :
SUBJECT:
CITY OF COLLEGE STATION
Home of Texas A&M University•
MEMORANDUM
Rabon Metcalf, RME Consulting Engineering, via; rabon@rmengineer.com
Morgan Hester, Staff Planner
SUMMIT CROSSING PHASE 28 (PP) -Preliminary Plan
Staff reviewed the above-mentioned final plat as requested . The following page is a list of staff
review comments detailing items that need to be addressed. Please address the comments and
submit the following information for further staff review and to be scheduled for a future Planning
& Zoning Commission meeting:
One (1) 24" x 36" copy of the revised Preliminary Plan; and
Thirteen (13) 11 " x 17" copies of the revised Preliminary Plan.
Upon receipt of the required documents for the Planning & Zoning meeting, your project will be
considered formally filed with the City of College Station. Please note that this application will
expire in 90 days from the date of this memo, if the applicant has not provided written response
comments and revised documents to the Administrator that seek to address the staff review
comments contained herein. If all comments have not been addressed , your project will be
pulled from the scheduled Planning & Zoning Commission agenda. Your project may be placed
on a future agenda once all the revisions have been made and the appropriate fees paid. Once
your item has been scheduled for the P&Z meeting, the agenda and staff report can be
accessed at the following web site on Monday the week of the P&Z meeting.
http://www.cstx.gov/pz
Please note that a Mylar original of the revised preliminary plan will be required after P&Z
approval and prior to processing subsequent final plats. If you have any questions or need
additional information, please call me at 979.764.3570.
Attachments: Staff review comments
cc: Jim Easterly, The Summit Crossing, LLC , via ; jimeasterly@gmail.com
Case file #14-00900155
Pltinning & Development Services
P.O. BOX 9960 • 1101 TEXAS AVENUE · COLLECESTATION ·TEXAS · 77842
TEL 979.764.3570 ·FAX. 979.764 .. ')4%
STAFF REVIEW COMMENTS NO. 1
Project: SUMMIT CROSSING PHASE 28 (PP) -(14-00900155)
PLANNING
1. Please revise the A-0 zoning designation to the northwest to R Rural to reflect the recent
zoning classification renaming .
2. Please complete the adjoining property information table to include Villas at Summit
Crossing properties.
3. Please add a general note that each lot will provide a minimum of two (2) trees of at least
two inches (2") in caliper or one (1) tree of four inch (4") caliper per Ordinance No. 3222.
4. Any changes made to the plans which have not been requested by the City of College
Station, must be explained in your next transmittal letter and "bubbled" on your plans. Any
additional changes on these plans that have not been pointed out to the City will constitute a
completely new review.
Reviewed by: Morgan Hester Date: June 26, 2014
ENGINEERING COMMENTS NO. 1
1. Add a note indicating that the public infrastructure for Summit Crossing Ph.2A will need to
be built and accepted by the City prior to the infrastructure for Ph .2B being accepted.
2. Please provide a table of Common Areas .
3. Provide a 20-ft PUE along the rear of the Block 5 lots adjacent to unplatted property.
Reviewed by: Erika Bridges Date: June 30, 2014
ADDRESSING
1. Addresses for th is project will be verified and distributed after the final plat has been
approved and filed at the Brazos County Courthouse.
2. The proposed street names have been preliminarily approved and will be re-verified prior to
filing any plats to ensure no duplicate street names are being created within Brazos County.
3. Block Ranges:
1500 Buena Vista @ 1700 Lonetree Dr
1500 Buena Vista @ 1800 Lonetree Dr
Reviewed by: Robin Krause , Permit Technician
FIRE
1. No comments at this time.
Reviewed by: Steve Smith
SANITATION
1. Need a turnaround at the north end of Lonetree Dr.
Reviewed by: Wally Urrutia
2 of 2
Date: June 24, 2014
Date: June 19, 2014
Date: June 20, 2014
·:i':1f..-:, -.... ·r ••
DATE:
TO:
FROM:
SUBJECT:
June 18, 2014
C ITY OF C OLLEGE STATION
Home o/Texas A&M University•
MEMORANDUM
Rabon Metcalf, RME Consulting Engineering, via; rabon@rmengineer.com
Morgan Hester, Staff Planner
SUMMIT CROSSING PHASE 28 (PP)
Thank you for the submittal of your Preliminary Plan application. Erika Bridges, Graduate Civil
Engineer, and I have been assigned to review this project. It is anticipated that the review will be
completed and any staff comments returned to you on or before Wednesday, July 2, 2014. If
you have questions in the meantime, please feel free to contact us.
PC: Jim Easterly, The Summit Crossing , LLC, via; jimeasterly@gmail.com
P&DS Project No. 14-00900155
Pla11ni11g & Development Services
P.O. BOX 9960 • 1101 TEXAS AVENUE · COUEGESTA.TION ·TEXAS· 77842
TEL. 97'>.764.3570 ·FAX. 979.764.3496
cstJi.gqv/devservices r ~
.,..) .J. --'
SCALE:
C ITY OF C OLLEGE STATION
PRELIMINARY PLAN
for
Summit Crossing Phase 28
14-00900155
34 townhouse lots and one common area on approximately 4.773
acres
LOCATION: Generally located northwest of Lonetree Drive and Buena Vista
and Summit Crossing Phase 1 in the Summit Cross ing
Subdivision
ZONING: POD Planned Development District
APPLICANT: Rabon Metcalf, RME Consulting Engineers
PROJECT MANAGER: Jason Schubert, AICP, Principal Planner
jschubert@cstx.gov
RECOMMENDATION: Staff recommends approval of the waiver request to Subd ivision
Regulations Section 8-J 'Blocks' for the block length of 1,639 feet
along Buena Vista. If the waiver is approved by the Commission,
the Preliminary Plan should be approved. If the waiver is denied,
the Preliminary Plan should also be denied.
Planning & Zoning Commission Page 1 of 6
Augu st 21 , 2014
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DEVELOPMENT REVIEW
DEVELOPMENT HISTORY
Annexation:
Zoning:
Site development:
COMMENTS
1980
A-0 Agricultural Open (upon annexation)
POD Planned Development (2003)
This portion of the tract is vacant. Thirty-four townhouse lots are
proposed, each averaging 0.096 acres in size.
Water: There are proposed 8-inch waterlines along Lonetree Drive and
Buena Vista to be constructed and extended with Summit
Crossing Phase 2A. The Phase 2A infrastructure will need to be
constructed and accepted prior to acceptance of the Phase 2B
infrastructure. Domestic and fire flow demands will necessitate
future water main extensions with the Final Plat. These utilities
will be required to be designed and constructed in accordance
with the BCS Unified Design Guidelines.
Sewer: Sanitary sewer service will be provided from proposed 6-inch and
8-inch mains which will be extended to serve this phase with the
construction of Summit Crossing Phase 2A. The Phase 2A
infrastructure will need to be constructed and accepted prior to
acceptance of the Phase 2B infrastructure. A sewer report for the
subdivision is required with the Final Plat, but preliminary analysis
of the existing system has indicated that there is available
capacity to serve this development. Sewer is to be provided to
each lot in accordance with the BCS Unified Design Guidelines.
Off-site Easements: N/A
Drainage: The subject tract is located in the Hudson Creek drainage basin.
Development of the subject tract will be required to meet the
requirements of the BCS Unified Stormwater Design Guidelines.
Detention will be required when the property is final platted.
Flood Plain: No portion of the property has been designated FEMA Special
Flood Hazard Area.
Greenways: No greenway dedication is required or proposed.
Pedestrian Connectivity: Sidewalks are continued along Buena Vista and Lone Tree Drive
and are provided on one side of each street as this project is
vested to previous standards that only required a sidewalk on one
side of a local street.
Bicycle Connectivity: No bicycle facilities are required or proposed.
Streets: The proposed development will continue Buena Vista and Lone
Tree Drive, which connect to Harvey Road to the south. The
Master Development Plan approved in November 2007 showed
the street stub to the north being through Buena Vista . The
Planning & Zoning Commission Page 3 of 6
August 21, 2014
Oversize Request:
Parkland Dedication:
Impact Fees:
REVIEW CRITERIA
proposed Preliminary Plan shifts the street stub to Lonetree
Drive.
N/A
Park land in the amount of 8.8 acres was dedicated with Phase 1.
Neighborhood park land development fees of $12, 172 (34 lots x
$358) will be due prior to filing of the Final Plat.
N/A
1. Compliance with Comprehensive Plan and Unified Development Ordinance: The
subject property is designated Urban on the Comprehensive Plan Future Land Use and
Character Map. The property is zoned POD Planned Development District with townhomes
as proposed with this Preliminary Plan .
2. Compliance with Subdivision Regulations: The proposed Preliminary Plan is in
compliance with the previous Subdivision Regulations that are applicable to this project
except for the following waiver request:
• Subdivision Regulations Section 8-J 'Blocks' -Blocks in single-family residential
areas may be a maximum of 1,200 feet in length. The outside portion of Buena Vista
from the intersection with Lonetree Drive through Phases 1 & 2A down to Harvey Road
is 1,639 linear feet. As a result, the applicant is requesting a block length waiver of 439
feet. The property to the west is platted as the Crescent Pointe Subdivision so a street
stub to the west to break block length along this portion of Buena Vista is not possible.
In accordance with the Subdivision Regulations, when considering a waiver the Planning
and Zoning Commission should make the following findings to approve the waiver:
1) That there are special circumstances or conditions affecting the land involved
such that strict application of the provisions of this chapter will deprive the
applicant of the reasonable use of his land;
The applicant states the adjustment of the street extension from Buena Vista to Lonetree
Drive will be in more in-line with restrictions imposed by the gas/overhead electric
easement and having no street connection to the Crescente Pointe Subdivision.
2) That the waivers are necessary for the preservation and enjoyment of a
substantial property right of the applicant;
The applicant states that realignment of the projection to the north being shifted from
Buena Vista stub to a Lonetree Drive stub allows the proper placement of a regional
detention facility at the downstream limit of Summit Crossing Phase 2B.
3) That the granting of the waivers will not be detrimental to the public health, safety,
or welfare, or injurious to other property in the area, or to the City in administering
this chapter; and
Granting the waiver will not be severely detrimental public health, safety, or welfare.
While potential connectivity may be slightly reduced, the proposed layout helps limit the
straight, local through streets.
Planning & Zoning Commission
August 21 , 2014
Page 4 of6
4) That the granting of the waivers will not have the effect of preventing the orderly
subdivision of other land in the area in accordance with the provisions of this
chapter.
Granting of the waiver does not affect the ability of surrounding areas to subdivide as the
property to the west is already platted and a street stub is provided to the tract to the
north in a more central location.
STAFF RECOMMENDATION
Staff recommends approval of the waiver request to Subdivision Regulations Section 8-J
'Blocks' for the block length of 1,639 feet along Buena Vista. If the waiver is approved by the
Commission , the Preliminary Plan should be approved . If the waiver is denied, the Preliminary
Plan should also be denied.
SUPPORTING MATERIALS
1. Appl ication
2. Copy of Preliminary Plan
Planning & Zoning Commission
August 21 , 2014
Page 5 of 6
Planning & Zoning Commission
August 21, 2014
Page 6 of 6
City of College Station
Administrative Approval for Required Parkland Dedications of Less than Five Acres
1. Applicant Name: ________ ~J"'"'"im'-'--"'E=a=s"'""'te'""'"r"'""IY~· T~he-=-'=S-=u""'m"""m"'"'"i'-'-t-=C-'-ro"'"'s""""s=in_.g,_,_, -=L=L=C ____________ _
Address: ____________ 8_0_9_U_n_iv_e_r_si~ty~D_riv_e_E_a_st~,_S_u_it_e_1~0_1_B ____________ _
Phone: 979-218-6775 ----------------E-Mail: _____ ___,_ji~m~e~a~s~te~r'-J.ly~@ .... g'"'"'m~a~il.~c~om~-----
2. Development Name: Summit Crossing Phase 28 Preliminary Plan Project#: 14-155
Development Location: 1742 Lonetree Drive, north of Harvey Road and east of Crescent Pointe Subdivision
3. Dwelling Units: _M_ Single Family Multi-family Units, located in Neighborhood Park Zone _4-'----
_]_1_ Single Family Multi-family Units, located in Community Park Zone c
4. Development Fees and Dedication Requirements:
a. Land Dedication or Fee in Lieu of Land (Choose One):
Neighborhood Community Total
Single Family: One (1) acre per 117 DU 's ___ _ ac One (1) acre per 128 DU's ac= ac
Multi-family: One (1) acre per 117 DU's ___ _ ac One (1) acre per 128 DU's ac= ac
TOTAL = (See Below) Acres
-OR-
Fee Paid in Lieu of Land Dedication
Neighborhood Community
Single Family: @ $274.00 per DU $ ____ _ @ $0 per DU $ _____ _ = $ ____ _
Multi-family: @$274.00 per DU $ ____ _ @ $0 per DU $ _____ _ = $ ____ _
TOTAL (Neighborhood and Community) = $ O
b. Development Fee:
Neighborhood Community
Single Family 34 @ $358 per DU $_1=2~1~7~2 __ _ Single Family@ $0 per DU $ __ _ = $ 12 172
Multi-family @ $362.00 per DU $ ___ _ Multi-family@ $0 per DU $ __ _ =$ __ _
TOTAL (Neighborhood and Community) = $ 12,172
5. Comments: 8.8 acres of neighborhood park land was dedicated with Phase 1. As a Master Plan was approved in
September 2007, this project is vested to prior parkland fees ($358 development fee per single-family lot) and no
Community Park fees as they were not applicable at the time the Master Plan was approved.
The City of College Station agrees to accept:
GRAND TOTAL (Neighborhood and Community) 34 Units x $358.00 = $ 12 172
Land Dedication Previously dedicated (8.8 acres)
Name Date
3
BLOCK3
1R
R-4
R Rural R-6
E Estate MHP
RS Restricted Suburban 0
GS General Suburban SC
R-18 Single Family Residential GC
D Duplex Cl
T Townhouse BP vr DEVELOPMENT REVIEW
Multi-Famliy BPI Business Park Industrial
High Density Multi-Family NAP Natural Areas Protected
Manufactured Home Park C-3 Light Commercial
Office M-1 Light Industrial
Suburban Commercial M -2 Heavy Industrial
General Commercial C -U College and University
Commercial-Industrial R&D Research and Development
Business Park P-MUD Planned Mixed-Use Development
SUMMIT CROSSING PH 28 Case:
14-155
POD
WPC
NG-1
NG-2
NG-3 ov
ROD
KO
Planned Development District
Wolf Pen Creek Dev. Corridor
Core Northgate
Transitional Northgate
Residential Northgate
Corridor Overlay
Redevelopment District
Krenek Tap Overlay
PRELIMINARY PLAN
DEVELOPMENT REVIEW
N ... , ...
.;
Scale: 1Inch=200 Fee
\~ ... J Area: 4.773 Acres (207,918.30 Square Feet)
14-155
PRELIMINARY PLAT
SUMMIT CROSSING PH 2B
BLK4 LTS 33 -36; BLK5 LTS32-46; BLK6 LTS13-24; BLK7 LTSI-3
ACRES 4.773
Area: 4.773 Acres (207,918.30 Square Feet)
Perimeter: 2138.841 Feet
Gap= 0.005
CLOSED
6-19-2014
BR
1. S37°44'4l"W 119.19' 5. S42°56'40"W 364.47' 9. N47°03'20"W 235.58'
2. N52°15'19"W 59.72' 6. S87°56'43"W Ch35 .36' Rad25.00' ID. N41 °39'43"E 724.71'
3. S37°44'40"W so· 7. N47°03'20"W 22.19· 11. s52°15'19"E 317.17'
4. S04°39'19"E Ch36.92 ' Rad25.00' K. S42°56'40"W 165.00'
GAP error cannot be greater than 0.10 (See SOP for Exceptions)